President John Dramani Mahama has been urged to appoint a Chief Justice whose independence, integrity and commitment to constitutionalism can help restore public confidence in Ghana’s judiciary.
In an opinion article titled “Ghana’s Next Chief Justice: An Opportunity to Restore Constitutional Credibility,” Prof. Dr. Otchere Addai-Mensah of the Department of Medical Diagnostics, College of Health Sciences, Kwame Nkrumah University of Science and Technology (KNUST), said the impending end of Justice Paul Baffoe-Bonnie’s tenure presents the President with an important constitutional test.
He argued that the appointment must demonstrate the government’s commitment to judicial independence rather than political patronage, stressing that the credibility of the judiciary depends on its ability to act without fear or favour.
Prof. Addai-Mensah identified concerns surrounding judicial neutrality, the circumstances of former Chief Justice Gertrude Torkornoo’s removal and Baffoe-Bonnie’s subsequent elevation as issues that have intensified public debate about the relationship between executive power and judicial independence.
He noted that these controversies do not, in themselves, establish judicial misconduct but underscore the need to protect the judiciary from partisan contestation.
The academic also raised concerns about public confidence in the government’s Reset Agenda, citing the appointment of Mad. Affi Agbenyo as Deputy Electoral Commissioner and allegations of selective enforcement of the law in arrests and detentions involving government critics.
He called for such matters to be assessed on their specific facts, legal grounds and procedural outcomes, while warning that perceptions of unequal treatment under the law could undermine confidence in the government’s commitment to institutional renewal.
According to him, the rule of law must apply equally to government supporters, political opponents and ordinary citizens, regardless of their political affiliations or criticism of those in power.
Prof. Addai-Mensah further cited findings from Afrobarometer’s 2024 survey, published in 2025, which indicated that only 35 per cent of Ghanaians trusted the courts somewhat or a lot, while 62 per cent believed judges often or always decided cases under the influence of powerful people.
He acknowledged that the findings predate Baffoe-Bonnie’s tenure as Chief Justice, arguing that the problem is systemic and requires more than a change in judicial leadership.
To address the challenge, he outlined five principles that should guide the President’s choice: independence over political compatibility, integrity over professional prestige, impartiality in conduct and substance, accountability without executive control, and institutional reform over ceremonial assurances.
He also called for measurable improvements in case backlogs, unnecessary adjournments, access to justice, transparency and the timely delivery of judgments.
Describing the appointment as an opportunity to give renewed meaning to the Reset Agenda, Prof. Addai-Mensah said the President could help rebuild public confidence by selecting a Chief Justice capable of scrutinising executive decisions and protecting constitutional rights, including those of government critics and unpopular litigants.
He cautioned, however, that a single appointment would not automatically resolve the controversies surrounding the judiciary or other concerns about governance.
“The ultimate test of President Mahama’s appointment is whether he chooses a Chief Justice capable of ‘disappointing’ him,” he stated, arguing that genuine judicial independence requires a willingness by the appointing authority to accept judgments that may frustrate its political interests.
He maintained that the Chief Justice’s responsibility is not to protect the government but to uphold the Constitution, insisting that the appointment must offer Ghanaians a credible basis for believing that meaningful constitutional renewal remains possible.
Prof. Addai-Mensah concluded that the appointment presents President Mahama with an opportunity to demonstrate that the rule of law applies not only to those who challenge executive power but also to those who exercise it.
